常用歐洲專利法-Article 54

Article 54
Novelty

(1)發明如果非為習知技術之一部份，應認定為新的技術
(2)習知技術應包括歐洲專利申請案前，於公眾書寫、口傳、使用，或以其他方式公開的任何事情
(3)歐洲專利申請案的內容於，前述第二段所述公開的情事之前提出申請，但於第二段所述情事當天，或是之後公開，仍被認定為習知技術
(4)專利法第53條(c)段規定為應用於人或動物外科手術或診斷方法無法專利，但其中使用的物質或成份可以專利，若使用53(c)規定的這類方法的物質或組合物非為習知技術，上述第二與第三段所述的先前技術並不能排除此類發明的專利性
(5)上述第四段所規定排除53(c)中的物質或組成物，不能認為為習知技術

[原文]
(1) An invention shall be considered to be new if it
does not form part of the state of the art.

(2) The state of the art shall be held to comprise
everything made available to the public by means of a
written or oral description, by use, or in any other
way, before the date of filing of the European patent
application.

(3) Additionally, the content of European patent
applications as filed, the dates of filing of which are
prior to the date referred to in paragraph 2 and which
were published on or after that date, shall be
considered as comprised in the state of the art.

(4) Paragraphs 2 and 3 shall not exclude the
patentability of any substance or composition,
comprised in the state of the art, for use in a method
referred to in Article 53(c), provided that its use for
any such method is not comprised in the state of the
art.

53(c) methods for treatment of the human or animal
body by surgery or therapy and diagnostic methods
practised on the human or animal body; this provision
shall not apply to products, in particular substances or
compositions, for use in any of these methods.

(5) Paragraphs 2 and 3 shall also not exclude the
patentability of any substance or composition referred
to in paragraph 4 for any specific use in a method referred
to in Article 53(c), provided that such use is not
comprised in the state of the art.

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